Source: European Parliament
European Union anti-money laundering rules do not contain any outright exemptions for gambling services, including national lotteries.
The current Anti-Money Laundering Directive[1], which was agreed by the co-legislators in 2015 and amended in 2018, allows Member States to exempt providers of certain gambling services from all or part of the requirements of the directive only if they conduct a risk assessment which demonstrates that those services pose a low risk of money laundering.
That decision must be notified to the Commission together with a justification. The former Commissioner for Justice was not a member of the college of the Commission when the current rules on gambling were proposed by the Commission and agreed by the co legislators.
The newly adopted Anti-Money Laundering Regulation[2] further limits the type of gambling services that may be exempted, and the Commission is empowered to reject or approve any proposed exemptions. This regulation will apply as of 10 July 2027.
There is therefore no a priori exemption for gambling services, including national lotteries, and it is in all cases the responsibility of the Member State to demonstrate the low money laundering risk associated with the service.
- [1] Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC, OJ L 141, 5.6.2015, p. 73-117.
- [2] Regulation (EU) 2024/1624 of the European Parliament and of the Council of 31 May 2024 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, OJ L, 2024/1624, 19.6.2024.